Donell v. Keppers’s Empirical Analysis
2011
Citation profile
1 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1692 · 28 U.S.C. § 754
Relies on School District No. 1J, Multnomah County v. ACandS, Inc. · Aldabe v. Aldabe · Gary R. Eitel v. William D. McCool · Levald, Inc. v. City of Palm Desert · Doe v. Unocal Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Its purpose is to make clear that lapse of the statutory periods prescribed by [ section 3439.09 ] bars the right and not merely the remedy. " (Assem. Com. Report, supra , 5 Assem. J. (1985-1986 Reg. Sess.) p. 8586, italics added, excerpts reprinted at 12A pt. 2 West's Ann. Civ. Code, supra , foll. § 3439.09, p. 386; see 7A pt. II West's U. Laws Ann., supra , U. Fraudulent Transfer Act, com. to § 9, p. 195.) 19 Moreover, on its face, section 3439.09(c) does not provide for tolling. As one United States District Court concluded: " 'The phrase "notwithstanding any other provision of law”
1 later decision quote this exact passage“a suit under the UFTA is not the exclusive remedy by which fraudulent transfers may be attacked, and common law remedies remain available” (internal quotation marks omitted)); Macedo v. Bosio, 86 Cal.App.4th 1044, 1048 , 104 Cal.Rptr.2d 1 (2001) (UFTA is cumulative rather than exclusive remedy). But see United States v. Bame, 721 F.3d 1025, 1030-31 (8th Cir.2013) (noting that courts interpreting Minnesota's enactment of the UFTA have”
1 later decision quote this exact passage“In contrast to subdivisions (a) and (b), the seven year time limitation set forth in Cal. Civ. Code § 3439.09 (c) is a statute of repose.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.